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CAT directs H&ME to appoint petitioner as Dental Surgeon from 2005
3/4/2021 11:07:23 PM
Early Times Report
JAMMU, Mar 4: In a landmark judgment, a Bench of Central Administrative Tribunal (CAT) comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur while setting aside the impugned order No. 872-JK (HME) of 2020 dated 25.11.2020 being illegal and arbitrary is quashed and set aside and respondent is directed to appoint the applicant to the post of Dental Surgeon as was initially done. Direction is issued to the respondent-department to fix the notional seniority of the applicant and fix her pay scale and all the benefits attached thereto, as per, Rules on the basis that the applicant was entitled to being appointed from the year 2005, where her candidature for appointment was rejected due to fault of the J&KPSC. But the applicant will not be entitled to back wages or any other financial benefit, save and except the notional seniority. The appointment of the applicant would also not entitle her to an experience certificate from the year 2005 when she ought to have been selected to the post of Dental Surgeon till date of appointment order on the principle of 'No work, No Experience'. —JNF
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